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(영문) 창원지방법원 2013.09.25 2013고단1738
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 19, 2009, the Defendant was issued a summary order of a fine of two million won at the Changwon District Court for a violation of the Road Traffic Act (driving). On October 14, 2009, the Defendant was sentenced to a suspended sentence of one year and three months for the same crime in the same court.

【Criminal Facts】

On June 5, 2013, at around 22:10, the Defendant, while under the influence of alcohol with 0.233% of blood alcohol concentration, was driven by Cranchising a vehicle from the Do on the side of the lapppump fump fump fump, which is in the Kim Jong-si, to the roads in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order have been punished three times or more due to drunk driving since 2000. In particular, in 209, even though the Defendant had the record of having been sentenced to the suspension of the execution of imprisonment with prison labor as stated in the judgment by causing the death of stobane in drinking condition, and caused the death of stobane in drinking condition, the criminal liability is very heavy.

However, the execution of a sentence shall be suspended only once in consideration of the fact that one's mistake is divided in depth, that one's own mistake is prevented, that one has not been discovered due to drinking driving prior to the instant case, and that a detailed business entity, which must be directly operated by his family members and the family members that should be urgently supported, has been satisfyed, etc., after being sentenced to a suspended sentence, shall be determined with strict warning that if the same act is repeated once in the future, there is no longer any longer preference.

In addition, probation and probation in order to encourage the eradication of drinking driving.

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